Legal Question in Family Law in New Jersey

Lawyer Fees

I had an initial free consultation with a divorce lawyer and in order for me to go forward she is asking for a $4,000 retainer. I just want to make sure that this is the going rate and a normal request for this type of work in New Jersey.


Asked on 9/26/06, 12:24 pm

3 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Lawyer Fees

Yeah, it could be a little or a lot, depending on the issues. I have charged more and less. Its not unheard of all to charge more than that. But again, none of this matters if she is charging you a lot of money per hour.

The most important thing though is to feel good about your choice of attorney. Don't be afraid to ask for references. Ask what they are going to do with regard to the big issues. Almost all divorces end up in a settlement. How does she think your's will shake out? Will she stand up to the pressure if you don't want to settle? When I told a judge I can't hold a gun to my client's head to force him to take the settlement he said, you can and you must! Of course, I told my client about this and we had a good laugh. Will this attorney do the same? There are many who won't.

Call me if you have any questions. Otherwise, good luck!

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Answered on 9/26/06, 4:49 pm
Gary Moore Gary Moore Attorney At Law

Re: Lawyer Fees

A retainer is a deposit for use as a fee when the fee is earned. The lawyer is supposed to have a written agreement with you explaining her hourly rate; the retainer and the fact that she will draw against the retainer as her fee is earned.

You have not mentioned her hourly rate. $250.00 per hour is a common rate among divorce attornies.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 9/26/06, 12:45 pm
Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Lawyer Fees

There are several factors that usually effect a price and the amount of the retainer. In my experience it is the following:

1) Location;

2) Years of experience;

3) Issues;

4) Are children involved;

5) Is a business involved;

The rate is billed against the retainer until the retainer us used up. New Jersey Court Rule 5:3-5. Attorney Fees and Retainer Agreements in Civil Family Actions requires:

(a) Retainer Agreements. Except where no fee is to be charged, every agreement for legal services to be rendered in a civil family action shall be in writing signed by the attorney and the client, and an executed copy of the agreement shall be delivered to the client.

Please call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 9/26/06, 1:31 pm


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